On Board Trains Occupational Health and Safety Regulations (SOR/87-184)

Divison IIIStorage of Materials

• 10.20 (1) All materials, goods and things shall be stored and placed in rolling stock in such a manner that the maximum safe load-carrying capacity of the floor of the rolling stock or other supporting structures is not exceeded.

• (2) An employee shall store and place materials, goods and other things in rolling stock in such a manner that

  • (a) the lighting is not reduced;

  • (b) there is no obstruction or encroachment of exits, corridors or other passageways;

  • (c) the safe operation of the rolling stock is not impeded;

  • (d) the ready access to or operation of portable fire fighting equipment is not interfered with;

  • (e) the operation of fixed fire fighting equipment is not interfered with; and

  • (f) there is no hazard to the health or safety of any employee.

DIVISION IVGeneral Requirements for Machine Guards

• 10.21 (1) Every machine on rolling stock that has exposed moving, rotating, electrically charged or hot parts or that processes, transports or handles material that constitutes a hazard to an employee shall be equipped with a machine guard that

  • (a) prevents the employee or any part of his body from coming into contact with the parts or material;

  • (b) prevents access by the employee to the area of exposure to the hazard during the operation of the machine; or

  • (c) makes the machine inoperative if the employee or any part of his clothing is in or near a part of the machine that is likely to cause injury.

• (2) If feasible, a machine guard referred to in subsection (1) shall not be removable.

• (3) A machine guard shall be so constructed, installed and maintained that it meets the requirements of subsection (1).

• 10.22 (1) Subject to subsection (2), where a machine guard is installed on a machine on rolling stock, no person shall use or operate the machine unless the machine guard is in its proper position.

• (2) A machine may be operated when the machine guard is not in its proper position in order to permit the repair of the machine or the removal of an injured person from the machine.

PART XIHazardous Occurrence Investigation, Recording and Reporting

Interpretation

11.1 In this Part,

disabling injury

disabling injury means an employment injury or an occupational disease that

• (a) prevents an employee from reporting for work or from effectively performing all the duties connected with the employee’s regular work on any day subsequent to the day on which the injury or disease occurred, whether or not that subsequent day is a working day for that employee,

• (b) results in the loss by an employee of a body member or part of one or in the complete loss of the usefulness of a body member or part of one, or

• (c) results in the permanent impairment of a body function of an employee; (blessure invalidante)

minor injury

minor injury means an employment injury or an occupational disease for which medical treatment is provided and excludes a disabling injury. (blessure légère)

Application

11.1.1 This Part does not apply in respect of occurrences of harassment and violence in the work place.

Report by Employee

11.2 The employee’s report of every accident or other occurrence arising in the course of their work that has caused injury to the employee or to any other person shall be made to the employer without delay, either orally or in writing.

Investigation

• 11.3 (1) If an employer becomes aware of an accident, occupational disease or other hazardous occurrence that affects an employee in the course of their work, the employer shall without delay

  • (a) take necessary measures to prevent a recurrence of the hazardous occurrence;

  • (b) appoint a qualified person to carry out an investigation of the hazardous occurrence; and

  • (c) report the occurrence and the name of the person appointed to investigate it to the work place committee or the health and safety representative.

• (2) If the hazardous occurrence referred to in subsection (1) is an accident that involves a motor vehicle on a public road and that is investigated by a police authority,

  • (a) the investigation shall be carried out by obtaining from that police authority a copy of its report respecting the accident; and

  • (b) as soon as feasible after receipt of the report, the employer shall provide a copy of the report to the work place committee or the health and safety representative.

Emergency Report

11.4 The employer shall report the date, time, location and nature of any accident, occupational disease or other hazardous occurrence referred to in subsection 11.3(1) by telephone to the Head of Compliance and Enforcement as soon as feasible but not later than 24 hours after becoming aware of the occurrence, if the occurrence results in

• (a) the death of an employee;

• (b) a disabling injury to two or more employees;

• (b.1) the loss by an employee of a body member or a part of it or the complete loss of the usefulness of a body member or a part of it;

• (b.2) the permanent impairment of a body function of an employee;

• (c) an explosion; or

• (d) damage to a boiler or pressure vessel that results in fire or the rupture of the boiler or pressure vessel.

Records

11.5 The employer shall, within 72 hours after a hazardous occurrence referred to in paragraph 11.4(d), record in writing

• (a) a description of the hazardous occurrence and the date, time and location of the occurrence;

• (b) the causes of the hazardous occurrence; and

• (c) the corrective action that was taken, if any.

Minor Injury Record

• 11.6 (1) Every employer shall keep a record of each minor injury of which he is aware that affects his employees in the course of employment.

• (2) A record made pursuant to subsection (1) shall contain

  • (a) the date, time and location of the occurrence that resulted in the minor injury;

  • (b) the name of the employee affected;

  • (c) a brief description of the minor injury; and

  • (d) the causes of the minor injury.

Written Report

• 11.7 (1) An employer shall make a report in writing, without delay, in the form set out in Schedule I to this Part setting out the information that is required by that form, including the results of the investigation referred to in paragraph 11.3(1)(b), if that investigation discloses that the hazardous occurrence resulted in any one of the following circumstances:

  • (a) the death of an employee;

  • (b) a disabling injury to an employee;

  • (c) an electric shock, toxic atmosphere or oxygen deficient atmosphere that caused an employee to lose consciousness;

  • (d) the implementation of rescue, revival or other similar emergency procedures;

  • (e) a fire or an explosion.

• (2) The employer shall submit a copy of the report referred to in subsection (1)

  • (a) without delay, to the work place committee or the health and safety representative; and

  • (b) within 14 days after the hazardous occurrence, to the Head of Compliance and Enforcement.

11.7.1 If an accident referred to in subsection 11.3(2) results in a circumstance referred to in subsection 11.7(1), the employer shall, within 14 days after the receipt of the police report respecting the accident, submit a copy of that report to the Head of Compliance and Enforcement.

Annual Report

11.8 An employer shall, not later than March 1 in each year, submit a written report to the Head of Compliance and Enforcement, in the form set out in Schedule III to this Part, setting out the number of accidents, occupational diseases and other hazardous occurrences of which the employer is aware that affected any employee in the course of their work during the 12-month period ending on December 31 of the preceding year.

Retention of Reports and Records

11.9 The employer shall keep a copy of

• (a) each report submitted under section 11.7.1 or 11.8 for a period of 10 years after the day on which the report is submitted to the Head of Compliance and Enforcement; and

• (b) the record or report referred to in section 11.5 or subsection 11.6(1) or 11.7(1) for a period of 10 years after the day on which the hazardous occurrence occurred.